Can I get unemployment insurance from the company?

(Dan Tri) - Mr. Long does not have the conditions to directly apply for unemployment benefits, so he wants the company he used to work for to do the procedures for him.

In May 2024, Mr. Long quit his job and then went to work far away, so he could not apply for unemployment benefits.

Mr. Long asked: "Can I ask the last company I worked for to file for unemployment benefits for me? I paid unemployment insurance for 8 months at that company, am I eligible for unemployment benefits?"

According to Vietnam Social Security, the conditions for receiving unemployment benefits are stipulated in Article 49 of the Law on Employment and guiding documents.

Based on the above regulations, employees who are paying unemployment insurance are entitled to unemployment benefits when they meet all 4 conditions.

Nhờ công ty làm bảo hiểm thất nghiệp được không? - 1 — Conditions for unemployment benefits (Photo: Huu Khoa; Graphics: Tung Nguyen).

Regarding the procedure for submitting unemployment benefit applications, Vietnam Social Security said it is stipulated in Clause 1, Article 17 of Decree No. 28/2015/ND-CP.

Accordingly, within 3 months from the date of termination of the labor contract or employment contract, unemployed employees who need to receive unemployment benefits must directly submit a set of documents requesting unemployment benefits to the local employment service center where the employee wants to receive unemployment benefits.

Thus, according to Vietnam Social Security, Mr. Long will be entitled to unemployment benefits if he meets all four conditions as stipulated in Article 49 of the Law on Employment. However, the company cannot submit an application for unemployment benefits on behalf of Mr. Long.

The application for unemployment benefits is specified in Article 16 of Decree No. 28/2015/ND-CP, amended by Clause 6, Article 1 of Decree 61/2020/ND-CP as follows: